in Re Elizabeth Smith

• Court: Court of Appeals of Texas
• Decided: April 21, 2016
• Docket: 09-16-00102-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-16-00102-CV _________________

IN RE ELIZABETH SMITH

________________________________________________________________________

Original Proceeding 172nd District Court of Jefferson County, Texas Trial Cause No. E-197802 ________________________________________________________________________

MEMORANDUM OPINION

Elizabeth Smith, Relator, filed a petition for a writ of mandamus seeking

relief from the trial court’s order requiring her claims to be arbitrated. See Tex. R.

App. P. 52.1. In her petition, Relator contends the trial court abused its discretion

by compelling arbitration of her claim for legal malpractice based on a provision in

a legal services agreement providing for arbitration. Smith asks this Court to

compel the trial court to withdraw its order compelling arbitration. After reviewing

the petition for writ of mandamus and the mandamus record that accompanied the

petition, we conclude that Smith has not shown that she is entitled to mandamus

1 relief. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004)

(orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992). We

deny the petition seeking mandamus relief. See Tex. R. App. P. 52.8.

PETITION DENIED.

PER CURIAM

Submitted on April 20, 2016 Opinion Delivered April 21, 2016

Before Kreger, Horton, and Johnson, JJ.